- Planning authority
- West Oxfordshire District Council
- Postcodes
- OX8, OX28, OX29
- Noon sun, 21 March
- About 38°
- Shadow from a 5 m eaves line
- About 6.4 m
- Planning plan
- Local Plan
- County
- Oxfordshire
What the council will look at in Witney
Any option agreement on a Witney garden is shaped by the council’s Local Plan. If West Oxfordshire District Council’s current policies clearly support a new home on your plot, an option probably isn’t needed and a simpler route will serve you better. Where the policy position is balanced, or a review of the plan is under way, an option gives time for the planning case to be made properly. We read the relevant policies and recent decisions on similar plots before suggesting an option, and we explain what we found.
What happens next in Witney
After your enquiry, we carry out the free appraisal and compare an option with an outright sale and a conditional contract for your plot. If you choose the option, your solicitor reviews the agreement before signing, and once it is in place we start the planning work, share the drawings before submission and keep you updated.
Free plot appraisal
We look at your title, the access, the planning history and the policies that apply, then tell you honestly whether an option, an outright sale or a conditional contract fits your plot best. It costs you nothing.
Heads of terms
We set out the option period, the price formula and minimum price, any option fee, our planning obligations and the cap on your reasonable legal fees, which we cover. Nothing is binding at this stage.
Planning work
We commission surveys, design the scheme and apply for planning, keeping you updated and showing you the drawings before submission. The council decides; if it refuses, the agreement sets out whether we revise, reapply or appeal.
Exercise or lapse
If an acceptable permission is granted, we serve notice, the price is fixed by the formula and the sale completes in the agreed time. If not, the option lapses, the entry comes off your title and the land stays yours.
Worth checking early
- Your plot is tied up for the option period and can’t be sold to anyone else meanwhile.
- We have the right to buy, not a duty, so a sale isn’t certain even after a long wait.
- Options have their own Capital Gains Tax treatment, so take advice from a tax adviser before signing.
Your questions, answered for Witney
Who decides planning on an option plot in Witney?
The decision belongs to West Oxfordshire District Council, which will weigh the scheme against the council’s Local Plan and the National Planning Policy Framework (NPPF). Our job during the option period is to put in the strongest application the plot allows and answer the council’s questions. The agreement sets out what happens if permission is refused.
Do I still own my garden in Witney during an option?
Yes. An option is a right to buy, not a sale, so the land stays yours until we exercise the option and the sale completes. You carry on using the garden, and the option is noted on your title so the plot can’t be sold elsewhere while it runs.
How long would an option on my Witney garden last?
The period is agreed at the start and should match the planning task: long enough for surveys, an application and, where sensible, a revised scheme or appeal, but no longer. On a single garden it is usually much shorter than on farmland. Any extension should be tied to specific events.
Do I pay Stamp Duty Land Tax (SDLT) if you exercise an option over my Witney plot?
No. Stamp Duty Land Tax (SDLT) is paid by the buyer of land, so any amount due on completion falls to us. As the seller, you may have Capital Gains Tax to consider, and options have their own rules on timing, so take advice from a tax adviser before signing.
Other options in Witney
- Planning permission for a garden plot
- Large rear gardens
- Joint venture on your garden plot
- Build a home for family in your garden
- Sell subject to planning
- Bungalows on large plots